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(영문) 인천지방법원 2015.11.13 2013구합11394
고용유지지원금 부정수급처분 등 취소
Text

1. Ordering the return of employment maintenance support payment and additional collection made by the Defendant against the Plaintiff on October 17, 2012.

Reasons

1. Details of the disposition;

A. B operated as an individual entrepreneur C, who is engaged in manufacturing and wholesale and retail business between the actual contents, and was converted into “C” corporation on January 2, 2009, and on October 6, 2010, the trade name of the corporation was changed to “A” as the trade name of the Plaintiff as of October 6, 2010.

B. On January 21, 2009, the Plaintiff submitted a report on a plan for employment maintenance measures (human resources reallocation) stating that the Plaintiff would convert the business into the existing manufacturing business, service business, and wholesale and retail business that produced a clean between actual contents and rearrange human resources from the engineering service business and telecommunications retail business, and that “the reduction of sales and human resources productivity due to the reduction of sales volume due to the reduction of sales volume caused by the recent economic depression” (hereinafter referred to as “employment maintenance measures plan report”) as of January 21, 2009, “employment maintenance support payment”, “employment support payment for 2010”, “employment support payment for 2012”, and “employment maintenance support payment for 2012.”

(2) On April 15, 2009, the Plaintiff submitted to the Defendant a report on the completion of the employment maintenance measures ( human resources re-disposition) by re-transfering four existing employees from the manufacturing industry, service industry, and wholesale and retail business to the telecommunications sales business.

3) The Plaintiff filed an application for employment maintenance support with the Defendant, and the Defendant paid KRW 47,680,000 to the Plaintiff from June 29, 2009 to June 22, 2010. (c) On June 18, 2010, the Plaintiff submitted a written report on the plan for employment maintenance measures, stating that the Plaintiff would convert its business into physical training and rearrange its human resources to the Defendant on the ground of employment maintenance measures, “the closure, relocation, and reduction of sales in accordance with the D redevelopment plan” as the ground for employment maintenance measures.

2) After that, on November 24, 2010, the Plaintiff transferred 10 of the existing 12 employees to the Defendant as part of the physical training, and transferred the employment maintenance measures (the report on the completion of the replacement of human resources).

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